B-162606, NOV. 22, 1967
Highlights
EMPLOYEE WHO BY REASON OF PERSONAL CHOICE PURCHASED SAFETY ORTHOPEDIC SHOES MAY NOT HAVE SUCH COST ALLOWED UNDER 5 U.S.C. 7903 OR ARMY REGULATIONS WHICH AUTHORIZE COMMANDING OFFICERS OF INSTALLATIONS TO PROCURE SPECIAL CLOTHING AND EQUIPMENT FOR PROTECTION OF PERSONNEL IN PERFORMANCE OF CERTAIN DUTIES SINCE RULE IS THAT EMPLOYEES CAN NOT MAKE THEMSELVES CREDITORS BY VOLUNTARILY PURCHASING SPECIAL CLOTHING AT THEIR OWN EXPENSE. THE CIRCUMSTANCES SURROUNDING YOUR CLAIM ARE SET FORTH IN THE ABOVE SETTLEMENT AND NEED NOT BE REPEATED HERE. THE WELL-ESTABLISHED RULE IS THAT WHEN SPECIAL CLOTHING IS AUTHORIZED TO BE FURNISHED BY THE GOVERNMENT NO EMPLOYEE WHO MAY BE ENTITLED TO SUCH CLOTHING CAN MAKE HIMSELF A CREDITOR OF THE GOVERNMENT BY VOLUNTARILY PURCHASING THE SAME AT HIS OWN EXPENSE AND THEREBY OBLIGATE THE GOVERNMENT TO REIMBURSE HIM FOR SUCH PERSONAL EXPENSE. 2 COMP.
B-162606, NOV. 22, 1967
EMPLOYEES - SAFETY CLOTHING AND EQUIPMENT - REIMBURSEMENT DECISION TO ARMY EMPLOYEE DISALLOWING CLAIM FOR EXPENSES IN PURCHASING SAFETY ORTHOPEDIC SHOES INCIDENT TO EMPLOYMENT AS AUTO MECHANIC. EMPLOYEE WHO BY REASON OF PERSONAL CHOICE PURCHASED SAFETY ORTHOPEDIC SHOES MAY NOT HAVE SUCH COST ALLOWED UNDER 5 U.S.C. 7903 OR ARMY REGULATIONS WHICH AUTHORIZE COMMANDING OFFICERS OF INSTALLATIONS TO PROCURE SPECIAL CLOTHING AND EQUIPMENT FOR PROTECTION OF PERSONNEL IN PERFORMANCE OF CERTAIN DUTIES SINCE RULE IS THAT EMPLOYEES CAN NOT MAKE THEMSELVES CREDITORS BY VOLUNTARILY PURCHASING SPECIAL CLOTHING AT THEIR OWN EXPENSE.
TO MR. LEO GOLMON:
WE REFER TO YOUR LETTER OF SEPTEMBER 18, 1967, AND ENCLOSURES CONCERNING OUR CLAIMS DIVISION'S SETTLEMENT OF SEPTEMBER 6, 1967, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES YOU INCURRED IN PURCHASING SAFETY ORTHOPEDIC SHOES INCIDENT TO YOUR EMPLOYMENT BY THE DEPARTMENT OF THE ARMY AS AN AUTOMOTIVE MECHANIC AT FORT POLK, LOUISIANA. THE CIRCUMSTANCES SURROUNDING YOUR CLAIM ARE SET FORTH IN THE ABOVE SETTLEMENT AND NEED NOT BE REPEATED HERE.
THE WELL-ESTABLISHED RULE IS THAT WHEN SPECIAL CLOTHING IS AUTHORIZED TO BE FURNISHED BY THE GOVERNMENT NO EMPLOYEE WHO MAY BE ENTITLED TO SUCH CLOTHING CAN MAKE HIMSELF A CREDITOR OF THE GOVERNMENT BY VOLUNTARILY PURCHASING THE SAME AT HIS OWN EXPENSE AND THEREBY OBLIGATE THE GOVERNMENT TO REIMBURSE HIM FOR SUCH PERSONAL EXPENSE. 2 COMP. GEN. 581, 8 ID. 627 AND CASES CITED THEREIN.
THE PROVISIONS OF 5 U.S.C. 7903 TOGETHER WITH THE DEPARTMENT OF THE ARMY REGULATIONS AR 32-301 AND AR 385-32 ISSUED UNDER THAT LAW AUTHORIZE THE COMMANDING OFFICERS OF ARMY INSTALLATIONS TO PROCURE SPECIAL CLOTHING AND EQUIPMENT, INCLUDING SAFETY SHOES, FOR THE PROTECTION OF PERSONNEL IN THE PERFORMANCE OF THEIR ASSIGNED TASKS. HOWEVER, NEITHER THE LAW NOR THE REGULATIONS CONTAIN A PROVISION WHICH WOULD AUTHORIZE US TO REIMBURSE YOU FOR THE SUM EXPENDED BY YOU, WHICH THE RECORD INDICATES WAS INCURRED PRIMARILY BY REASON OF YOUR PERSONAL CHOICE.
IN THE CIRCUMSTANCES, THE DISALLOWANCE OF YOUR CLAIM MUST BE AND IS SUSTAINED.